28. INDIAN INDEPENDENCE ACT, 1947

Background: Passed by the British Parliament based on the Mountbatten Plan; received Royal Assent on 18 July 1947.

Key Provisions

• Ended British rule in India and declared India independent from 15 August 1947.
• Partitioned British India into two independent Dominions: India and Pakistan (Pakistan comprising West Pakistan and East Bengal/East Pakistan, later Bangladesh in 1971).
• Provided for the partition of Bengal and Punjab between the two new dominions.
• Abolished the title/office of "Viceroy of India"; provided for a Governor-General for each Dominion, to be appointed by the British Crown (on the advice of the respective Dominion government) — Lord Mountbatten became the first Governor-General of independent India; Muhammad Ali Jinnah became the first Governor-General of Pakistan.
• Ended British paramountcy over the Princely States — all treaties/agreements between the Crown and princely states lapsed; states were free to join either India or Pakistan, or theoretically remain independent (in practice virtually all acceded).
• The office of Secretary of State for India abolished.
• Existing Constituent Assemblies of India and Pakistan given full powers to act as the respective dominion legislatures — i.e., until a new Constitution was framed, the Constituent Assembly would double as the interim/provisional Parliament for each dominion, with full legislative powers, including power to amend/repeal any act of the British Parliament (including this Act itself) as it applied to India.
• The Government of India Act, 1935 to continue as the provisional/interim Constitution of both Dominions (with modifications) until each framed its own Constitution.
• Provided for the division of armed forces, assets, and liabilities between the two dominions.
• Word "Emperor of India" dropped from the British monarch's title.

Significance/Impact

• Formally ended nearly 200 years of British rule in India (Company rule from 1757/1600 + Crown rule from 1858).
• India became independent on 15 August 1947 as a Dominion (became a full Republic only on 26 January 1950, with the adoption of the Constitution).
• Marked the birth of Pakistan (14 August 1947) as a separate nation.
• Constituent Assembly of India continued its work of framing the Constitution — completed on 26 November 1949; came into force 26 January 1950.
• Ended the paramountcy of the British Crown over princely states, triggering the process of their integration into India (led by Sardar Vallabhbhai Patel and V.P. Menon).

Key Facts / Quick Revision Points

• Received Royal Assent: 18 July 1947
• India independent: 15 August 1947; Pakistan: 14 August 1947
• First Governor-General of independent India: Lord Mountbatten
• First Governor-General of Pakistan: Muhammad Ali Jinnah
• Last Viceroy of India: Lord Mountbatten
• GoI Act 1935 continued as provisional constitution till 26 January 1950
• Ended British paramountcy over princely states

PART G: COMPARATIVE TABLES (HIGH-YIELD FOR EXAMS)